Terms and conditions
A Platform (portal) for creation and usage of Web Based Software Solutions and online services in exchange for payment. The platform is developed and maintained by qLibra CMS LTD.1.2. Provider
A limited liability company qLibra CMS, VAT: BG203840905, office address: South Park, Building 29
Entrance B, Office 4, District Triadica
Sofia 1408, Bulgaria
Phone: +359 2 9899978
Individuals and legal entities that wish to use the services provided by qLibra CMS. A Customer could be every legal-aged and physically able-bodied person as well as legal entities represented by a duly authorized person.1.4. Profile
The personal platform profile of the Customer that enables the Customer to use the services of the Provider.1.5. End users
Persons who visit/use the platform websites to order and buy Customer's products through the website of the Customer.1.6. Services
The services of creating Web Based Software Solutions, providing hosting, domain and other services, described at the Platform's website.1.7. Terms and Conditions
The here presented General Terms and Conditions of the Platform qLibra CMS. These Terms and Conditions represent a contract for the provision of services by the Provider to the Customer for a fee/in exchange of payment. The General Terms and Conditions govern the rights and obligations of the users and visitors of the Platform qLibra CMS. The Provider and the Customer are the two Parties in this contract. The Customer, respectively the Visitor of the portal, declares that he/she is aware with the General Terms and Conditions. Any action by the Customer/Visitor on the Platform qLibra CMS is an electronic declaration of intention that he/she agrees with these Terms and Conditions.
2. Prices of the services
2.1. Prices, methods and deadlines of payment are described in detail on the website of the platform.
2.2. The services to which a payment is due are described in detail in the subscription plan. The provider does not owe any services which are not explicitly requested and paid by the Customer.
2.3. The currency is determined by the IP address of the Customer and is indicated in advance for any service for which payment is due.
2.4. Customers that are not headquartered or domiciled in the EU can pay for the services only through PayPal. After payment, an invoice is created with no VAT charge. The invoice is sent to the e-mail address of the Customer. The invoice can be also downloaded from the website of the platform.
2.5. Customers that are headquartered or domiciled in the EU can pay for the services by bank transfer or PayPal. After payment, an invoice is created including VAT charge for the country of residence of the Customer.
2.6. Customers-companies that are based in the EU should enter their VAT registration number. An automated check in the VIES system is conducted to validate the VAT registration numbers and the tax status of the company. If VIES indicates that the VAT registration number is valid and that the company has a VAT registration under its national law, the Provider will issue an invoice in which VAT is not charged. If VIES indicates that the VAT registration number is invalid or that the company has no VAT registration under its national law, the Provider will issue an invoice including charged VAT for the country from which the Customer is, according to the preceding paragraph. A verification in the VIES system is done on every payment.
2.7. To receive an invoice, the Customer should fill in all the data required by the system including the country, in order to achieve proper tax payment. The invoice is sent to the e-mail address of the Customer. The invoice can be also downloaded from the website of the platform.
2.8. The Provider issues electronic invoices. The Customer agrees and accepts the electronic invoice as sufficient and a valid document for the payment.
2.9. The payment is a voluntary statement of the Customer that he/she agrees to pay for the services in advance and is also an electronic declaration of intention by the Customer that he/she agrees with the general Terms and Conditions of qLibra CMS, as well as the specific terms of the particular deal, which he/she has read and accepted.
2.10. The payment allows the Customer to use his/her account and the chosen service for the future period for which it was paid. The right of use occurs after paying the corresponding fee. The Customer can use the services only for the period for which he has paid. The Customer has no right to use services he/she has not paid for in advance.
2.11. In case the Customer does not wish to use the services of the Provider in future, he/she can end future payments. The Customer accepts that when he/she hasn't paid the fee for a certain service, he/she doesn't want to use the services of the Provider in future. In such case the Provider has the right to immediately remove the site of the Customer from the server, ban the access to the Customer's account and his/her site, and delete any information, correspondence, and materials without due notice, prior notice or compensation to the Customer.
2.12. The Provider is not obligated to return already paid fees. Even if the Customer decides to unilaterally terminate the use of a service, such termination will be considered valid after the paid period is over. The Provider is not obliged to return received amounts.
2.13. The Provider is not liable if the Customer has not entered complete data, valid e-mail address or doesn't receive the invoice for any other reason, for which the Provider is not responsible for.
3. Procedure of developing Web Based Solution (website)
3.1. Various types of web based solutions could be generated on the site of the platform where they are exhaustively described. For clarity and convenience of the Customers, all web based solutions will be called "a site" in the here presented General Terms and Conditions.
3.2. To use the services of the platform, the Customer should create his/her own profile and enter the required information.
3.3. The Customer declares and assures that he/she is using his/her real identity and data through the registration, respectively, that he/she is a representative (legal or authorized) of the legal entity.
3.4. By creating a profile, it is considered that the Customer accepts these General Terms and Conditions. From this moment is agreed that the contract is concluded.
3.5. The Customer should select a template of the site and a domain name. On the initial creation of the site the platform provides a subdomain name of the type (yoursite).qlibra.site.
3.6. The Customer is entitled to a 14-day trial use of the site, which can be extended by another 14 days, and during the trial period some features of the site or the platform can be limited and the client could not use them.
3.7. After the trial expires, the Customer could continue to use the site only after choosing a subscription payment plan and pays on time and regularly his monthly or other fees which are provided for the plan. If the Customer fails to make any of the actions described above or does not fulfil other instructions provided in the Portal, the Customer will not be able to use the Site or other services from the Provider. In this case the Provider will terminate the access of the Customer to his/her profile, to the site and to the other services used by the Customer and has the right without a notice or a compensation to erase and remove any information or materials, published or stored by the Customer via the platform.
3.8. The site will be made available to the Customer after the Provider has received the full amount of the subscription fee from the Customer according to the plan chosen by the him/her.
3.9. The Provider has no responsibility for incorrect or inaccurate data filled.
3.10. The Provider provides the Customer Web Based Software without content. The Customer should enter content, information, graphic elements, etc.
3.11. The Customer is able to use in exchange for payment/for a fee additional services, including:
3.11.1. The application of a domain that is different from the one initially created - The Provider will check if the requested domain is free and if it could be provided to the Customer. The Customer is entitled to receive the domain after the Provider has confirmed the availability to the Customer and after the Customer has paid the full fee of the domain and all charges incurred its reservation, according to the instructions of the Provider;
3.11.2. Initial content - The Provider is able to provide initial content for the site after the Customer has paid for this service;
3.11.3. Other services, included in the subscriptions plans that the Provider offers.
3.12. The Customer has the right to buy a domain, different than the one originally created. The Customer has the right to direct the domain to his site, if he/she follows strictly the instructions of the Provider which are published on the platform.
3.13. The Customer agrees that the Provider does not offer or sell products and services of the Customer. The Provider is not responsible for sale, payment, delivery, complaints and return of products/services purchased by end users.
3.14. The Customer is responsible for the site content and the activity performed through it. The Customer is obliged not to publish texts, images and materials that would violate the law or the rights of third parties. The Provider does not provide to the Client images and other materials. The provision of such materials and arranging of the copyrights is a responsibility of the Customer, unless the Provider has explicitly made such commitment and the Customer has paid the fee, required by the Provider.
3.15. The Customer agrees that the Provider is not accountable to the end users under the Law on Consumer Protection, as well as to other traders and companies under the Law on Protection of the Competition, since the Provider is not a trader or provider of products and/or services sold by the Customer and only offers the service of creating and supporting of the Web Based Software to the Customer. The Provider is not accountable to the Customer when the latter had committed an infringement of the law while selling his/her products and/or services or harm the rights or legal interests of third parties.
3.16. The Customer should ensure by himself all licenses, permits and registrations for sale of products, offering of services or activities through the Web Based Software.
3.17. The Customer should enter by himself the information required by the law in connection with the sale of products/services through the site and activities that are performed through the Web Based Software.
3.18. The Customer should ensure the personal data protection of the individuals who visit and use his/her site, to obtain their agreement for the gathering, processing and storage of their personal data and to perform the necessary registrations and other activities, in order to legally collect, process, and store such data.
3.19. The Customer should provide all of the services which are necessary to perform its activities through the website. The Customer accepts that the Provider does not provide concomitant services such as payment, delivery of goods, etc.
3.20. The Provider is not responsible for the activity, which is performed by the Customer through the website, as well as the content of correspondence, that is led through the platform.
4. Rights of the Customer
4.1. The Customer has the right to use the Services, until the foreseen remunerations are paid properly and on time and comply with his/her obligations.
5. Obligations of the Customer
The Customer is obliged:
5.1. Not to fill, download, store, distribute, use, transmit or provide links to information, data, text, files, software, photo, video or audio materials, messages, as well as any other materials and content:
5.1.1 that are contrary to the law or violate the rights and freedom of man under the Constitution of the Republic of Bulgaria and the applicable Bulgarian and international acts, the EU law, the law of the country from which the Customer is or the country from where he/she is offering the goods/services;
5.1.2. that are propagating discrimination, fascist, racist or other antidemocratic ideology;
5.1.3. that harm the reputation of others and call for violent change of the constitutionally established order, for committing a crime, for violence or incitement of racial, national, ethnic or religious hatred;
5.1.4. that violate material or moral rights of any third party, including copyright and their related rights;
5.1.5. that contain pornography, sexual violence, as well as links to websites with such content;
5.1.6. that contain computer viruses, trojans, exploits or other malicious code;
5.1.7. misleading and false sites for fraudulent purposes and illegally acquisition of information.
5.2. To comply with the Bulgarian law, the applicable international law, EU law and the law of the country from which the Customer is or the country from where he/she is offering the goods/services, these General Terms, the instructions on the site of the platform and the additional instructions from the Provider, the contract, the rules of morality and good manners;
5.3. Not to undermine the reputation of others and not to call for violent change of the constitutionally established order, for committing a crime, for violence or incitement of racial, national, ethnic or religious hatred, not to preach fascist or other antidemocratic ideology, not to violate material or moral rights of any third party, including intellectual property rights;
5.4. Not to interfere in the proper operation of the platform, including, but not only, to not hinder the access of third parties, to not make non granted access, to not impair or hinder availability, reliability or quality of the Services to other users, etc.;
5.5. Not to use the services for illicit activities or activity without granted authorization/registration for this activity, if that is required by the law;
5.6. To notify immediately the Provider for every known case of violation done or found when using the offered services, including employees of the Customer or third parties;
5.7. Not to use the platform for applications like IRC servers, torrent trackers, on-line games, chat sessions, proxy servers and the Customer should not systematically exceed the maximum allowable percentage of shared resources, which are included in the individual subscription plan of the Customer;
5.8. Not to send unwanted commercial e-mails (SPAM) by the platform;
5.9. In case of illicit and unauthorized use of the service, the Customer is responsible for the tangible and intangible damage to the Provider. In case of finding such actions, the Provider has the right to discontinue the provision of the service and to suspend access of the Customer, without being held liable for damage or loss of the Customer's data. Unauthorized use is present when using the service to perform actions, including the use of software or other means hindering the work or interfering with the normal functioning of the technique of the Provider, including exceeding the limit of processor time and spreading information through which statutory provisions, third party rights or these General terms are violated.
5.10. The Provider has the right at its sole discretion to cease providing the service and to suspend the Customer's access because of any receipt of claims from third parties that the published content violates the law or their intellectual property rights, as well as if the Customer violates intellectual ownership or other rights of the Provider. In this case the Provider is not accountable for damage or loss of data to the Customer.
5.11. The Provider is allowed to forbid the access and cease its services based on applicable laws or in fulfillment of properly disposition of a competent authority.
5.12. In all cases, when the Provider has ceased the use of the service attributable to the Customer or under the hypotheses of the preceding paragraphs, the Provider shall not refund fees for the duration of the suspension or any other indemnities.
5.13. The Customer should not provide the services, received by the Provider, as if they are his/her own.
5.14. The Customer provides the required computer equipment, operating systems, software, and Internet access to use the Services.
5.15. The Customer must not send more than the maximum number of daily electronic messages which are provided in the individual subscription plan of the Customer and the Provider reserves the right to further limit the number of the daily electronic messages.
5.16. All restrictions and obligations in these General Terms and Conditions apply also to the domain name and content of the Customer. The Provider has the right to refuse registration of a domain or to suspend the use of the domain by the Customer when the domain name violates the law, the rights of third parties or these General Terms and Conditions. The Customer has the full responsibility for the domain name and content, and must compensate the Provider for all damages and expenses due to infringement or unauthorized use of a domain.
5.17. Registering domain names is done in accordance with the applicable rules of the registers of domain names, as well as the rules of ICANN - the organization, responsible for the overall coordination of the domain names. The Customer agrees to follow the applicable rules of the registers of domain names and the rules of ICANN, including rules of payment and alternative dispute resolution.
5.18. Upon registration of a domain name, the Customer is obliged to provide the required, according to the rules of ICANN, data including personal data, directly to the register of the corresponding domain names. The provided data is processed by the relevant register for the purposes of administration and management of the registered domain names and is included in WHOIS database and thereby is becoming publicly accessible in accordance with the rules of ICANN. The Customer ensures, that he/she is informed about the purposes of which the data will be processed by the register and agrees with them. The Customer is responsible and should compensate the relevant Register, the Provider and any third parties for any damage caused by infringement of his obligations.
5.19. The Customer is obliged to maintain at all times accurate contact details for domains, registered by the Provider. The placement of inaccurate or false data about registered domain is considered a reason for terminating the registration of the domain by the Provider. The Customer is responsible and should compensate the relevant Register, the Provider and any third parties for any damage caused by infringement of his obligations.
5.20. The Customer is obliged not to publish materials that contain viruses or other programs, whose purpose is to destroy or harm the platform or another system, as well as materials with forbidden, obscene, libelous, threatening or malicious content for the Provider or a third party. The Provider reserves the right to edit and/or remove such materials.
5.21. The Customer has no right to use or authorize third parties to use the Web Based Software or the platform qLibra CMS, in order to undertake and perform attacks and malicious activities towards any other computer system connected to the Internet.
5.22. The Customer is obliged when making requests for system maintenance or in any other communication with the employees of the Provider to observe good manners, morals and the common criteria for polite behavior.
6. Responsibility of Provider and Customer
6.1. The Provider is not accountable to the Customer for:
6.1.1. Destruction or loss of data owned by the Customer for reasons beyond the control of the Provider;
6.1.2. An inability of the Customer to use the service;
6.1.3. Claims made by third parties against the Customer in regard with the usage of the service;
6.1.4. Irregular use of the service by the Customer or his/her employees;
6.1.5. Loss of data or missed benefits by untimely payment for the service by the Customer;
6.1.6. If the Customer cannot get access due to problems beyond the control of the Provider (hardware problem, software problem, a problem with Internet connectivity, etc.).
6.2. The Provider is not obliged to monitor the information, which the Customer stores or to check if it complies with current legislation, violates the rights of third parties or the regulations of this contract.
6.3. The Provider is not responsible for stored, distributed, used, transmitted information, data, text, files, software, photo materials, video materials, audio materials, messages, links, references and any other materials and content, as well as for the activity of the Customer.
6.4. The Provider is not responsible for damages, caused to the software, hardware or electronic communications equipment, loss of data caused from materials or resources searched, loaded or used in any kind of way through the provided services.
6.5. The Provider is not responsible for any damages or loss of profits from the Customer or third parties as a consequence of the termination, suspension, modification or limitation of the Service, as well as for removal of material or content in cases that the Customer fails to fulfill the obligations and the exercise of related to that rights of the Provider.
6.6. The Provider is not responsible for not providing the Services on the occurrence of circumstances beyond his control - cases of force majeure, fortuitous events, problems in the global Internet network and the provision of services beyond the control of the Provider, as well as in case of unauthorized access or intervention by third persons in the functioning of the information system or the servers. The Provider will take all reasonable initiatives to minimize such interventions.
6.7. The Provider is not responsible for not providing services in case of non-payment of sums due, within the relevant deadline by the Customer, in case of non-adherence to the guidelines and the technological requirements for use of the Service, in case of improper handling of equipment or software, as well as a result of tests performed by the Provider to check the equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the given services.
6.8. The Customer is responsible and should compensate the Provider for any damage caused by usage of the Services from third parties, to which the latter has provided access to use the Hosting Services.
6.9. The Provider includes in his services other services, provided by third parties. The provider can't be and is not responsible for the quality of the services provided by third parties and is not responsible for any damage to the Customer due to problems with the services from these third parties.
6.10. An application for registration of a specific letter and/or digital combination as a domain name does not book this combination for the Customer, until the Customer does not pay it and the service is activated. In case of payment for a particular domain name, made by the Customer in the period after the request of the same combination, but after the payment was already made by third party, the person who first has paid has priority.
6.11. In no case the sums paid for services that have already been ordered, provided and whose provision has begun, are liable to refund.
6.12. The Customer is responsible for the accuracy and legality of the information entered on products, services and his/her activities. The Customer is also responsible for any posted by him news, answers to frequently asked questions, as well as any text, images, correspondence and materials. The Customer agrees that the Provider is not responsible for any published information, texts, images, correspondence and materials.
6.13. The Customer is responsible for any copyrights on the attached images of the products. The Customer agrees that the Provider is not responsible for the acquisition and usage of these rights.
6.14. The Customer is responsible for the use of the brands of the products offered. The Customer agrees, that the Provider is not responsible for the acquisition and usage of these rights.
6.15. The Customer agrees that in case of a dispute with third parties or a penalty or another type of punishment to the Provider, the Customer is liable to compensate the Provider for all paid fines, damages and other expenses, resulting from fraudulent or illegal acts or omissions of the Customer, including when the Customer has given false data, has violated the law, the consumer rights, the copyrights of third party, the personal data or the rules of competition, etc..
6.16. When the Customer provides access to the Web Based Software, used by him, to third parties, for using and controlling it, he/she is responsible for the actions of these individuals as his/her own. The Customer is responsible for the confidentiality of his/her data for access to his/her profile (username and password) and accepts full responsibility for activities/actions performed in his/her profile and website.
7. Rights of the Provider
7.1. The Provider has the right to receive remuneration for all services.
7.2. The Provider has the right to terminate temporarily or permanently the provision of services to the Customer and to delete all available information, if the Provider finds out that it contains information that violates the laws of the Republic of Bulgaria, the European law or another country, the rights of third parties or these General Terms and Conditions. In this case, the Customer should pay the Provider a compensation for all damages suffered, including financial sanctions, compensation, damages and any other amounts paid by the Provider in relation to the violation, including attorney fees. The termination of the service and the deletion of the information in this case will not be considered as non-fulfillment of the contractual obligations by the Provider and the Provider does not owe any notice or compensation to the Customer.
7.3. The Provider has the right to suspend or terminate Customer's access to the service or to delete content uploaded by the Customer, in case of fault and/or due to the actions of the Customer, including violation of laws, rights of third parties or of these General Terms and Conditions; the Provider being sanctioned by its providers, including if it is charged with a pecuniary penalty, if its rights to use services are limited, if its privileges are taken away, if it is included in the so-called blacklists or if it receives a warning for such penalty.
7.4. The Provider has the right to examine the content of the published information by the Customer, to demand from the Customer to remove it or to remove certain materials, if they violate legislation, rights of third parties or these General Terms and Conditions.
7.5. The Provider has the right to decide which actions of the Customer constitute a violation of these General terms, as well to take appropriate measures to correct the violation.
7.6. The Provider has the right, in assessing the potential risk to the safety and/or distortion of the normal work of the platform, to prohibit using and launching of specific software, script or other materials located on the site of the Customer.
7.7. The Provider reserves the right to terminate the provision of the Service to Customers, whose sites cause heavy loads, or due to other events, that violate normal work of the platform, including if the Customer has exceeded the limits established by the Provider.
8. Obligations of the Provider
8.1. The Provider will notify the Customer about occurred damage, accidents and other causes that hinder the normal functioning of the service, as well as the time necessary for their removal.
8.2. The Provider ensures continuous availability of qualified staff which can be accessed during working hours on the phone and outside the working hours by e-mail or the ticketing system of the Provider.
8.3. The services ensured by the Provider don't cover the provision of computer equipment, software and connectivity for transmitting data packets between Customer and Provider and usage of the services as a whole. The Provider is not liable if the Customer can't use the services, covered by the contract due to lack of hardware, software or a good internet connection, and if he/she can't obtain access because of issues beyond control of the Provider (hardware issues, software issues, Internet connectivity issues, etc.).
8.4. Upon a request by a competent authority, in cases determined by law, the Provider is obliged to provide any information available about the Customer and his/her activities. In accordance with the requirements of applicable law, the Provider stores materials of the Customer located on its servers and should make them available to the competent state authorities in cases when this is necessary to preserve the rights, the legal interests and security of the Provider, or third parties, as well in those cases when they are duly requested by the competent state authorities.
8.5. The Provider is not obliged to monitor the information kept, transmitted, or made accessible, or to seek facts and circumstances indicating illegal activity.
9. Site Usage
9.1. qLibra CMS enables the Customers to choose themselves the ways in which the end users will employ their site. The Customer should create his/her own registrations and accounts in the relevant organizations and connect them with his/her site while observing the instructions published in qLibra CMS.
9.2. The Customer agrees that the Provider is not a payment institution, doesn't offer payment services and doesn't perform payment transactions. These activities are carried out by the relevant entities authorized to provide such services. The Provider secures the Customer with technical resources to integrate the activities described on his/her site but the Customer is responsible for providing the services related to the payments. The Customer agrees that the Provider is not liable to the Customer to obtain the sale price of the products or services of the Customer from the end users.
9.3. qLibra CMS enables the Customers to choose themselves the ways in which the end users will receive their purchased products from the Customer. The Provider does not ensure the transportation. The Customer is responsible for concluding a contract with a courier service or providing another way for delivery of the products to the end users. The Provider is not liable to the Customer and the end users for the delivery of the products purchased through the site of the Customer.
10. Site maintenance
10.1. When an issue with the access and usage of the site occurs, the Customer should notify the Provider on the following email address: support@qLibra.com.
10.2. The Provider should make all reasonable efforts to solve the occurred issue.
10.3. The Provider is not liable for any issues as a result of force majeure or reasons other than a program error, if not removed at earliest convenience, as well as when the Customer or the end user has entered inaccurate or incorrect data or has used the site without complying with these General Terms and Conditions, the instructions for creating and using qLibra CMS, instructions of the Provider or regulations of the law.
11. Cancellation by the Customer
The Provider informs the Customers-consumers that under Art. 50 of the Law on Consumer Protection, the consumer is entitled on an equal footing to cancel the contract from distance or outside of the business premises within 14 days from the date of signing the contract. In such case, when the service of the Provider is a digital content that is not transferred by a physical medium, based on art. 57 pt. 13 of the Law on Consumer Protection, consumers do not have the right to withdraw from the contract as per Art. 50 of the Consumer Protection Act in reference to contracts for provisioning digital content that is not transferred on a physical medium and whose performance has begun, with the explicit agreement of the consumer (Customer).The Customer declares his/her explicit consent and accepts that after starting to use the service, he/she loses his/her right of withdrawal, regardless of the fact if the Customer himself/herself has employed the service or not. The Customer gives his/her explicit prior agreement and accepts the execution of the contract to start before the deadline of exercising the right of withdrawal. The Customer understands that by agreeing to start the execution of the contract, he/she will lose his/her right of withdrawal. Before starting the service, the Customer, who has the status of a consumer under the Law on Consumer Protection, has the right to withdraw from this contract without giving any reasons for that not later than 14 days after the order of the service was made. The cancellation is done by sending a message to email@example.com from the same email the Customer has used to register in the system. The withdrawal period is 14 days from the date of the service order. In order to exercise the right of withdrawal, the Customer should notify the Provider of his/her decision to withdraw from the contract with an unequivocal statement through a letter, sent by e-mail. The services are activated upon payment, therefore the Provider is not obliged to return the paid service. If refund is due by law, the Provider will perform the refund, by using the same payment method, used by the Customer at the initial transaction. Eventual costs for the incoming transfers or losses from the exchange rates, as well as commissions charged by the bank, are borne by the Customer himself/herself. If the Customer withdraws from this contract after the start of a service, the Provider will not recover any payments received from the Customer. The Customer has no right to claim any damages or compensation, refund of the whole or part of the amount. The responsibility of proving the duly exercise right of withdrawal lies with the Customer.
12. Personal data
The Provider is an operator of personal data, registered under the Law on Protection of Personal Data. The Provider is obliged to exercise reasonable care to protect the personal data and not to distribute, sell or provide to third parties the personal data of his Customers, unless it is necessary for the activities of the Provider or required by a competent authority, as required by law.
12.1. By entering his/her personal data, the Customer confirms that he/she has provided his/her personal data voluntarily and that he/she gives his/her explicit permission for collecting, processing, storage and distribution of that data, in accordance with the Bulgarian legislation, when this is necessary for ensuring the offered services, for accounting needs, for establishing contact with the Customer and for sending notifications for services provided by the Provider.
12.2. When entering his/her personal data, the Customer is obliged to provide complete and accurate information about his/her identity and other required data. If the Customer has presented false or incomplete data, the Provider is not liable for failure to fulfill his/her commitments.
12.3. The Customer is responsible for entering somebody else's personal data. In any dispute about, which person is bound by the present General Terms and Conditions, a Customer is considered the person who has paid the fee for using the services.
12.4. The Customer has to be registered as an operator of personal data in accordance with the Law on Personal Data Protection and to request agreement from end users for the collection, processing and storage of their personal data. The Customer is responsible for the way he/she collects, processes and stores the personal data of the end users.
12.5. The Provider is entitled to send to the Customers unrequested commercial messages, to make inquiries, to conduct surveys or to offer advertising and information of goods and services of its own or from other Providers. The data can be used to send unrequested commercial messages. By entering his/her data, the Customer agrees, that the Provider can collect other data about the Customer and end users, such as IP address, time of visit, place of accessed, name and version of the web browser, operating system, other parameters provided by the web browser, through which the website is accessed and any other information. The collected data can be used by the Provider for statistical and marketing researches, to improve the services provided to the Customers. The Provider will use the information obtained for its own needs and to improve the service quality.
12.6. The Customer allows the Provider the right of access, storage and processing of personal data of end users, as well as any other information regarding the products, prices and their overall activities. The Provider is entitled to compare all these parameters at its own discretion, any information and statistics for the Customer, his/her products and activities. The Provider will use the obtained information for its own needs and to improve the service quality.
12.7. The Customer is obliged to ensure the agreement of the end users for collecting this information through the General Terms and Conditions of the corresponding site.
13. Termination of service
13.1. The Provider has the right to terminate a service and temporarily or permanently to suspend the access of the Customer to the site, without a due notice, a warning or any compensation or repayment to the Customer:
13.1.1. There is any violation of these General Terms and Conditions or of instructions, published on the website of the platform, could lead to termination of the services.
13.1.2. When the Customer uses the site in contrary to the applicable law, the present General Terms and Conditions, instructions published on the website of the platform, as well as when there is a reasonable suspicion of such act or omission;
13.1.3. When there is a one-month-in-advance written notification by the Provider to the Customer. In case the Customer has paid in advance the usage of the services after the expiry of the one-month notification, the Provider returns the overpayment to the Customer, except for the amounts paid for domains that are not to be reimbursed to the Customer;
13.1.4. In case of late payment by the Customer, the Provider can terminate the contract with immediate effect without the need of notification from the Provider to the Customer. In case that the Customer has paid in advance the usage of the service after the termination, the Provider will not refund the overpayment of the Customer;
13.1.5. In case of violation by the Customer of the legal provisions or the rights of third parties;
13.1.6. At the Provider's discretion based on the present General Terms and Conditions, and in this case the Provider does not due returning the prepaid amounts.
13.2. As per the above conditions the Provider can at its own discretion, instead of terminating the full usage of the site from the Customer, to remove separate pieces of materials from the Web Software of the Customer.
13.3. In all cases of termination of the contract, the Provider is entitled to immediately remove any information, materials and content of the Customer from the server, without due notice or compensation to the Customer.
13.4. At its sole discretion, the Provider is entitled, instead to terminate the service, to request from the Customer to rectify the violation, as the Customer is obliged to take action for removing the violation within 24 hours after receiving the notification, unless the Provider has not specified another period. Until correction of the violation, the Provider has the right temporarily to suspend the provision of services to the Customer. When the Customer does not rectify the problems within the time specified, the Provider has the right to suspend totality the provision of services to the Customer. In any case the Provider is not responsible for any loss of data from the Customer and owes him no compensation.
13.5. In any case the Customer owes to the Provider compensation for any damages or losses caused due to his/her violation.
14. Submission of reclamations, complaints and appeals
14.1. The Customer is entitled to apply a claim/complaint, if the services of qLibra CMS does not correspond to these General Terms and Conditions. The complaint should be submitted in electronic or written form and should contain data about the Customer, including an e-mail address, as well as the description of the disturbed conditions.
14.2. The address for submission of claim/complaint in written form is:
Entrance B, Office 4, District Triadica
Sofia 1408, Bulgaria
14.3. The address for submitting a complaint in electronic form is: complaint@qLibra.com.
14.4. The deadline for submitting the complaint is three days after the event.
14.5. The team of the Provider will consider duly the submitted complaints within 14 days after receiving, and will respond to the email address specified by the Customer.
15. Copyrights and other intellectual property rights
15.1. The entire content on the portal qLibra CMS, including all published texts, images, photographs, videos, articles, program code (except those that have been introduced and applied by the Customer in connection with his/her offered products or services) are copyrighted. They belong to the Provider or the Provider has the right to use it and they are protected by the Copyright Law and the applicable related rights. Copying and using them is a violation of the rights of the author and the mandatory provisions of Bulgarian and European legislation.
15.2. The Customer should not copy, store, process, publish, distribute in initial or processed form, or use in any other way texts, images, or other items contained within the portal qLibra CMS, unless they have been previously paid for, as part of the services offered by the Provider.
15.3. When creating a Web Based Software, the Customer does not acquire any rights or licenses over qLibra CMS, the site created by him/her or the brand qLibra CMS. The Customer is only entitled to use his/her Web-based software, as long as he/she pays monthly subscription or until the termination of the service by the Provider subject as per these General Terms and Conditions. The Customer has no right to claim any rights or licenses over qLibra CMS, the relevant site, individual elements or trademarks of the Provider; he/she is not entitled to offer or grant such rights to third parties.
15.4. The Customer is not entitled to access the program code of the Web Based Software and has no right to copy or modify it in any way. Any attempt by the Customer for accessing, copying or changing the program code of the platform is considered as a violation of these General Terms and Conditions and the rights of the Provider. The Customer has no right to remove or hide information about the copyrights or the rights over the brands of the Provider.
15.5. In case of a violation, the Provider has the right to immediately terminate the usage of the site and the services by the Customer without notice, prior notice or compensation, as well as to claim compensation for all damages caused and profits lost from the actions of the Customer.
15.6. The Customer is obliged to ensure the agreement of the end users to respect copyrights and other intellectual property rights of the Provider.
15.7. qLibra CMS trademark and the domains with that name, are property of the Provider. Using this trademark, domain name, directly or indirectly (such as, but not limited to meta tags and other techniques for indexing or searching on the Internet), without prior written permission from the Provider is forbidden and punishable according to the law.
15.8. The bans for violating the copyrights and other intellectual property rights of the Provider are valid for all third parties, in case of violation, the Provider should be compensated for all damages caused and profits lost from the actions of the third parties. All of the provisions in this Chapter also apply to the images which the Provider has placed on the site, in order to visualize the possible future appearance of the Customer's site.
16. Changes in the platform
The Provider has the right at any time to make changes and improvements of the platform, as well as the form and content of the services provided, unless they violate the basic functions of the Web Based Software.
16.1. The Provider has the right to temporarily stop the services offered, if this is necessary for their update.
16.2. In such cases the Provider warns the Customers via the website of the platform in due time.
16.3. In such cases the Provider is not responsible for damages and lost profits of the Customer.
17. Communication with the Customer
17.1. By completing the data and his/her contact information, the Customer explicitly agrees that the Provider can use all means of communication which the Customer has specified.
17.2. The fact that data and contact information has been provided by the Customer does not oblige the Provider to contact the Customer.
17.3. The language of these General Terms and Conditions, and the communication with the Customers is in Bulgarian or English.
18. Information and agreement
18.1. The Customer declares, that he has been informed and is familiar with:
18.1.1. the name and address, as well as any other identification data of the Provider;
18.1.2. all the characteristics of the goods and services provided by the Provider;
18.1.3. the price of the goods and services including all taxes and also the amount of ordered products;
18.1.4. the method of payment and other conditions of the services provided;
18.1.5. the right of the Customer to withdraw from the services;
18.1.6. the period in which the cost of services is in force;
18.1.7. the terms and conditions of the services;
18.1.8. terms and duration of the guarantee;
18.1.9. contact information for the Provider, including telephone number and e-mail;
18.1.10. the technical steps in completing a contract and their legal significance;
18.1.11. the technical means for identifying and correcting errors when entering information before making the statement about the contract.
18.2. The Customer agrees to conclude the contract from distance, as well as to advance payments for product delivery.
Unless explicitly stated otherwise, all notifications are sent to the contact address announced on a prominent place in qLibra CMS.com and respectively on the e-mail or contact address of the Customer.
20. Visitors Information
20.1. All visitors of the platform should comply with these General Terms and Conditions, including copyrights and other rights of the Provider and to abstain from any action that would damage the rights or legal interests of the Provider, including not to publish material containing viruses or other programs intended to destroy or harm the platform or another system, as well as materials with forbidden, obscene, libelous, threatening or malicious content for the Provider or third party. Provider reserves the right to remove and/or to edit such materials.
20.2. The Provider only and solely supports the platform qLibra CMS, it doesn't offer other services and doesn't sell products and services of the Customer. The Provider is not liable for any damages caused by incorrect behavior of Customers or third parties; for violation of copyrights and other rights of third parties by the Customer; for damage which has occurred in the absence or interruption of accessibility to the platform qLibra CMS, due to circumstances beyond the control of the Provider.
21. Partial invalidity
Invalidity of separate texts of these General Terms and Conditions do not result in invalidity of the full General Terms and Conditions.
22. Other terms and conditions
22.1. The Provider can advertise its services by comparing their prices with the price of other products, for example a cupof coffee, or other. The Customer understands that the provider does not offer coffee, cups or other products that can visualize and compare the price of services. That comparison is only for marketing purposes and is not bound to the price of a coffee beverage or other products in any country. It is possible that the price shown is only for one or several services. The Customer understands that not all services offered by the Provider are at such low price.
22.2. The Provider is not liable if it cannot fulfill, partly or completely, its obligations and commitments due to force majeure. In case of force majeure, the Provider should notify the Customer in accordance with the Bulgarian law.
22.3. The Provider is not liable for damages, profits lost, expenses, claims or other responsibilities to Customers or end users, if they occurred due to failure to comply with these Terms and Conditions or the current legislation by the Customer or End User.
22.4. The Customer agrees, that in any case, the responsibility of the Provider should not exceed the amount of three monthly fees as selected in the subscription plan of the Customer.
22.5. The Provider reserves the right to change the Terms and Conditions, without prior notice to the Customer.
22.6. The Provider is not liable for errors that may appear on the website of the portal, including errors caused by changes, adjustments and other actions, which are not performed by the Provider.
22.7. For all unsettled issues, the Bulgarian law is applied, including the cases when the platform is used by foreign Customers. All disputes concerning the services provided by qLibra CMS should be resolved by the competent Bulgarian court.
22.8. In case of changes in the legal status of the parties as a result of mergers, acquisitions and other means of legal succession, these Terms and Conditions should stand active and is related with the successors of the Customer.